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MATTER OF HOROWITZ v. BD. OF ASSESSMENT REVIEW OF THE TOWN OF MONROE

128 A.D.2d 875 (1987)

In the Matter of Bernard Horowitz et al., Respondents, v. Board of Assessment Review of the Town of Monroe et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 30, 1987

Ordered that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, said application is referred to Justice Rubin and leave to appeal is granted by Justice Rubin (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, and that branch of the motion which was to dismiss the proceeding upon the ground it is barred by the applicable Statute...

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